Sunday, June 12, 2011

Apple sued by iCloud Communications for using iCloud name

Apple has been sued by iCloud Communications, a Arizona-based remote storage company since 2005, for trademark infringement over the recently-announced Apple iCloud. iCloud Communications claimed trademark infringement over the use of the name iCloud.

Apple’s heavy promotion of the iCloud product is damaging to its business and has all but removed the branding of the name from itself and placed it onto Apple. This is epsecially when iCloud Communications is oferring similar services to the ones offered by Apple's iCloud.

The goods and services with which Apple intends to use the “iCloud” mark are identical to or closely related to the goods and services that have been offered by iCloud Communications under the iCloud Marks since its formation in 2005. However, due to the worldwide media coverage given to and generated by Apple’s announcement of its “iCloud” services and the ensuing saturation advertising campaign pursued by Apple, the media and the general public have quickly come to associate the mark “iCloud” with Apple, rather than iCloud Communications.

Apple was wiser this time, acquiring the iCloud domain and U.S. trademark from Swedish software company Xcerion. iCloud Communications never held a registered trademark, according to a database search in the U.S. Patent and Trademark Office. It is reported that iCloud Communications has asked the Arizona district court for all of Apple's profits from iCloud thus far, and for Apple to immediately cease using the iCloud name. Apple has 30 days from the June 10 filing to respond.

Apple sued by iCloud Communications over iCloud trademark [via]

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